Research On Civil Execution Reconciliation System

The civil enforcement reconciliation system is an innovative design in civil execution cases.It is indispensable to resolve the "difficult implementation" problem and resolve the contradictions between the parties.The more perfect the system,the better it will be to advance these tasks.The civil execution settlement agreement serves as the evidence that the two parties reached a settlement during the implementation phase and the basis of performance.If it is flawed,it will definitely affect the effectiveness of the reconciliation between the two sides and cannot alleviate the problem of "difficult implementation." In addition,as the parties of the settlement,if the parties themselves have problems or the settlement process is involved by others,the case cannot be successfully concluded and the interests of the parties will be affected.Therefore,to improve the civil execution reconciliation system,we need to start from the execution of the settlement agreement itself,the parties themselves and the settlement process,find out the existing problems of the system,and put forward targeted solutions.With the help of "China Judgments Online",the author searches cases by different keywords and makes statistical charts,through horizontal and vertical comparison to carry out an empirical analysis and summarize the operation condition of the system in recent years.Then combine with specific cases,analyze the operation of the system in judicial practice and find its shortcomings.Through analysis,the author finds that there are still loopholes in the current legal provisions on the implementation of the settlement agreement.For example,the law does not limit the number of changes and the performance period,and does not specify the review content of the court,when the agreement involves security,the opinions in reality are not uniform.The main problem of both sides of the settlement is low integrity,the high rate of estoppel,many agreements are not fully implemented.The main problem in the reconciliation process is that the court violates the procedure and participates in the execution of the reconciliation,the parties’ true wishes are not respected.In order to repair the shortcomings of the system,we must break away from the original theoretical barriers,trace back the root of the deficiency of the civil execution reconciliation system,analyze in detail and find out the causes.First of all,the theoretical level of the system is controversial.For example,there are many theories about the nature of the system,whether it has the effect of enforcement or not,there are different opinions.Second,the court as a participant in the enforcement process also faces multiple pressures,such as the performance appraisal and responsibility bearing.In the end,the parties are in a crisis of trust because they do not keep their promises.For various reasons,the system cannot fully release its energy and delay the process of executing procedures.Therefore,the improvement of the civil execution reconciliation system requires us to start from the above aspects,and refer to the design schemes of the system abroad and in Taiwan in China to learn from the excellent experience.The first point is to standardize the settlement agreement itself,and to clarify the principles applicable to the implementation of civil settlements,such as the principle of voluntariness,equality,and good faith,to provide an overall direction for judicial staff and parties,especially when there is no explicit provision in the law,the specific settlement procedures should be promoted under the guidance of the principles.It is also necessary to regulate the times of change and the time limit of performance of the settlement agreement,which cannot be arbitrarily changed by the parties.In addition,we should pay attention to the guarantee in the agreement,clarify the effect and distinguish it from the execution guarantee.The second is to attach equal importance to supervision and punishment.Supervision first refers to the supervision of the settlement agreement by the court,clarify the review duties of the court,stipulate the contents to be reviewed and ensure that the agreement conforms to the law.Then we need to connect internal supervision and external supervision,which include three aspects: internal supervision of court work,the supervision of the parties’ agreement performance and the procuratorial supervision of the procuratorate.Punishment mainly refers to severely punishing the malicious executors and mentally intimidating the malicious executors.The third point is to increase the relief channels for the debtor.We can learn from Germany,Japan and other countries,introduce the debtor’s objection lawsuit,and establish the lawsuit system from the aspects of the subject matter,the court of jurisdiction and the rules of adjudication.Through the above measures,we strive to improve China’s civil execution reconciliation system,so as to guide the judicial work not to deviate from the track and make the implementation problem no longer difficult.